Councillor found guilty of theft and fraud

A Galway county councillor was found guilty yesterday by a jury
of seven counts of theft and fraud involving the misappropriation
of over €7,000 of council funding by using the public money
to have over a mile of fencing erected on his private farm.

The jury at Galway Circuit Criminal Court sitting in Loughrea
returned a unanimous verdict finding Independent councillor,
Michael Fahy, the longest-serving member of Galway County Council,
guilty after just two-and-a-half hours' deliberation.

In a trial that lasted five days, Cllr Fahy (56), of Caherduff,
Ardrahan, vehemently denied he had "lined his pockets" with public
money or that he owed the council any money for any work done on
his farm under the auspices of a Community Involvement
Scheme(CIS).

The scheme involves local communities, with the aid of public
funding, carrying out road improvement works in their areas for the
benefit of everyone.

The court had heard from prosecuting barrister, Conor Fahy, that
1,629m (5,344ft) of fencing had been erected on Cllr Fahy's land,
which he had fraudulently sought payment for from the council under
a CIS. None of that fencing was to the public's benefit.

The council had approved payment for 877m of fencing, including
50m along the public road adjacent to Cllr Fahy's land, as this was
for the local community's benefit, but had not approved the cost of
the fencing on his land away from the public road.

The councillor, a strong Fianna Fáil activist since first
taking a seat in 1979 until the charges were preferred against him,
topped the poll at each successive local election.

He made no comment as he left the courtroom following his
conviction. He was accompanied by 17 neighbours. He now faces legal
expenses in the region of €200,000 and his political future
is uncertain.

The accused denied he had submitted "bogus and concocted"
invoices for Byrne Fencing Ltd, in the sum of €7,055, on two
separate dates in 2003. The fencing company had been contracted by
the council to carry out work under two CISs in the south Galway
area in 2001 and 2002.

Mr Byrne told the trial Cllr Fahy had told him in 2003 he had
the permission of the council to have the fencing erected on his
farm, and Mr Byrne said he had regarded Cllr Fahy as "the boss" as
he was an elected member of the council for the area. The council
paid the initial invoice but refused to pay the second. Mr Byrne
said he was surprised when the council refused to pay the invoice
and that Cllr Fahy had eventually paid him for the work
himself.

Ten council officials, including retired county manager, Donal
O'Donoghue, and senior engineer with responsibility for CISs, John
Morgan, all gave evidence refuting a claim by the accused that they
had an agreement with him to carry out fencing on his land in
exchange for stone taken by the council from his lands for local
Fás schemes.

Judge Groarke deferred sentencing until March 20th at Galway
Courthouse and he remanded the accused on continuing bail.